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Brisbane.Lawyer
Brisbane.Lawyer, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
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I need help regarding police constantly having me under surveilence

Customer Question

I need help regarding police constantly having me under surveilence over the last month or so setting up in neighbours yard and last night it got to the point that they drilled the rivetts out of two of my windows. My bedroom and my toilet to gain access while i was sleeping and i dont know why. I am not part of any criminal organisation and never have been have never been charged with selling drugs or anything like that. Is there anything i can do please help my wife is scared sick. I have documented many photos photos as proof. Thank you in advance
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane.Lawyer replied 1 year ago.
As a starting point - I recommend you read the following brochure so you can gain an understanding of Police Powers and Responsibilities.https://caxton.org.au/pdfs/Police%20Powers%20Your%20Rights.pdf
Expert:  Brisbane.Lawyer replied 1 year ago.
From the brochure:"A police officer can therefore come into your home in the following situations:• with your consent;• if the officer has a search warrant (properly issued and properly detailed);• if the officer has an anti-terrorism preventative detention order to execute;• in urgent circumstances (such as where a person has been seriously injured or is about to be harmed);• to investigate a case or to serve documents; and/or• to arrest or to detain someone who is there – though the police must have a reasonable suspicion to justify this action. If the police tell you that they have a warrant that justifies their entry to your home, you should insist on seeing it. Police are required to give you a copy of the warrant. Make a note if any details appear to be incorrect in the warrant. Even if police have a warrant, they can only stay for a reasonable time to carry out the action that the warrant allows. In addition to giving you a copy of the warrant, the police must at the same time provide you with a statement of the nature of their powers under the warrant." As you will see in the brochure - complaints can be made against the Police. It does seem like they have overstepped their powers in doing what you have described... They will need to be able to provide the basis for their actions. Kind regards, James
Expert:  Brisbane.Lawyer replied 1 year ago.
Please let me know if I can assist further, cheers, James

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